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Madras High CourtCRL RC(MD)/488/2023dismissed

Russelraj v. Rajamanickam

2023-04-28Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 28.04.2023

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Russelraj : Petitioner Vs.

1.Rajamanickam 2.The District Superintendent of Police, Virudhunagar District.

3.The Sub-Inspector of Police, M.Reddiapatti Police Station, Aruppukkottai Taluk, Virudhunagar District.

: Respondents PRAYER: Criminal Revision Petition has been filed under Section 397(1) r/w 401 of Cr.P.C, to call for the records in Cr.M.P.No.6628 of 2022 on the file of the learned Judicial Magistrate Court, Aruppukkottai, Virudhunagar District and set aside the order dated 13.02.2023 and direct the third respondent to take further action based on the complaint dated 19.11.2022 preferred by the petitioner.

For Petitioner : Mr.L.Prabhu 1/4

For R1 and R2 : Mr.R.Sivakumar, Government Advocate (Criminal Side)

ORDER

The Criminal Revision is directed against the order dated 13.02.2023 in Cr.M.P.No.6628 of 2022 on the file of the learned Judicial Magistrate Court, Aruppukkottai, Virudhunagar, dismissing the petition filed under Section 156(3) Cr.P.C.

2. It is seen from the records that the petitioner has filed a petition under Section 156(3) Cr.P.C against the second respondent herein. The learned Judicial Magistrate considering the complaint and also the report filed by the Police, by observing that the petitioner has not co-operated for the enquiry and also there are no basis for ordering register of FIR, dismissed the complaint.

3. Considering the entire facts and circumstances of the case and also the impugned order dismissing the petition filed under Section 156(3) Cr.P.C, 2/4

cannot be found fault with. Hence, this Court concludes that the revision is devoid of merits and the same is liable to be dismissed. Accordingly, the revision is dismissed. However, the petitioner is at liberty to file a private complaint, if so advised.

28.04.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No das To

1. The Judicial Magistrate Court, Aruppukkottai, Virudhunagar District.

2.The District Superintendent of Police, Virudhunagar District.

3.The Sub-Inspector of Police, M.Reddiapatti Police Station, Aruppukkottai Taluk, Virudhunagar District.

4.The Additiona Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai. 3/4

K.MURALI SHANKAR, J.

das Order made in 28.04.2023 4/4